81 FR 1887 - Approval of Missouri's Air Quality Implementation Plans; Early Progress Plan of the St. Louis Nonattainment Area for the 2008 Ozone National Ambient Air Quality Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 9 (January 14, 2016)

Page Range		1887-1890
FR Document		2016-00428

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Missouri consisting of the Early Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOCs) and oxides of nitrogen (NO<INF>X</INF>) for the St. Louis Nonattainment area under the 2008 8-hour National Ambient Air Quality Standard (NAAQS). On August 26, 2013, EPA received from the Missouri Department of Natural Resources (MDNR) an Early Progress Plan for the St. Louis area showing progress toward attainment under the 2008 Ozone NAAQS. This submittal was developed to establish MVEBs for the St. Louis 8-hour ozone nonattainment area. This approval of the Early Progress Plan for the St. Louis 8-hour ozone nonattainment area fulfills EPA's requirement to act on the MDNR SIP submission and to formalize that the MVEB is approved, and when considered with the emissions from all sources, demonstrates progress toward attainment from the 2008 base year through a 2015 target year. EPA found these MVEBs adequate for transportation conformity purposes in an earlier action on March 5, 2014.

Federal Register, Volume 81 Issue 9 (Thursday, January 14, 2016)

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1887-1890]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-00428]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0587; FRL 9941-01-Region 7]

Approval of Missouri's Air Quality Implementation Plans; Early
Progress Plan of the St. Louis Nonattainment Area for the 2008 Ozone
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) submitted by the State of Missouri consisting of the Early
Progress Plan and motor vehicle emissions budgets (MVEBs) for volatile
organic compounds (VOCs) and oxides of nitrogen (NOX) for
the St. Louis Nonattainment area under the 2008 8-hour National Ambient
Air Quality Standard (NAAQS). On August 26, 2013, EPA received from the
Missouri Department of Natural Resources (MDNR) an Early Progress Plan
for the St. Louis area showing progress toward attainment under the
2008 Ozone NAAQS. This submittal was developed to establish MVEBs for
the St. Louis 8-hour ozone nonattainment area. This approval of the
Early Progress Plan for the St. Louis 8-hour ozone nonattainment area
fulfills EPA's requirement to act on the MDNR SIP submission and to
formalize that the MVEB is approved, and when considered with the
emissions from all sources, demonstrates progress toward attainment
from the 2008 base year through a 2015 target year. EPA found these
MVEBs adequate for transportation conformity purposes in an earlier
action on March 5, 2014.

DATES: This direct final rule will be effective March 14, 2016, without
further notice, unless EPA receives adverse comment by February 16,
2016. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0587, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Brown, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7718 or by email at
brown.steven@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is the background for this action?
II. What are the criteria for early progress plans?
III. What is EPA's analysis of the request?
IV. What are the MVEB's for the St. Louis 8-hour ozone area?
V. What action is EPA taking?

I. What is the background for this action?

EPA's final rule designating nonattainment areas and associated
classifications for the 2008 ozone National Ambient Air Quality
Standards (NAAQS) was published in the Federal Register on May 21, 2012
(77 FR 30088). The St. Louis area was designated as marginal
nonattainment. The St. Louis ozone area had previously been designated
nonattainment for the 1-hour ozone standard and had 1-hour motor
vehicle emissions budgets (MVEBs) for NOX and VOC
established in the St. Louis 1-hour maintenance plan SIP (66 FR 33996).
The 1-hour MVEBs were the only approved MVEBs for St. Louis and were
based on EPA's MOBILE6.2

[[Page 1888]]

emissions model. Consequently, the transportation partners in St. Louis
were required to use the 1-hour MVEB test to demonstrate transportation
conformity for the 8-hour ozone standard until new MVEBs were approved
or found adequate, as required by the transportation conformity rule at
40 CFR 93.109(c)(2)(i). Missouri submitted this plan to establish new 8
hour MVEBs developed with EPA's current MOVES2014 model.
EPA allows for the establishment of MVEBs for the 8-hour ozone
standard prior to a state submitting its first required 8-hour ozone
SIP that would include new MVEBs. Although voluntary, these ``early''
MVEBs must be established through a plan, known as the ``Early Progress
Plan,'' that meets all the requirements of a SIP submittal. The
preamble of the July 1, 2004, final transportation conformity rule
(see, 69 FR 40019) reads as follows:
``The first 8-hour ozone SIP could be a control strategy SIP
required by the Clean Air Act (e.g., rate-of-progress SIP or attainment
demonstration) or a maintenance plan. However, 8-hour ozone
nonattainment areas are free to establish, through the SIP process, a
motor vehicle emissions budget or budgets that addresses the new NAAQS
in advance of a complete SIP attainment demonstration. That is, a state
could submit a motor vehicle emission budget that does not demonstrate
attainment but is consistent with projections and commitments to
control measures and achieves some progress toward attainment (August
15, 1997, 62 FR 43799). A SIP submitted earlier than otherwise required
can demonstrate a significant level of emissions reductions from
current level of emissions, instead of a specific percentage required
by the Clean Air Act for moderate and above ozone areas.''

II. What are the criteria for early progress plans?

The Early Progress Plan must demonstrate that the SIP revision
containing the MVEBs, when considered with emissions from all sources,
and when projected from the base year to a future year, shows some
progress toward attainment. EPA has previously indicated that a 5
percent to 10 percent reduction in emissions from all sources could
represent a significant level of emissions reductions from current
levels (69 FR 40019). This allowance is provided so that areas have an
opportunity to use the budget test to demonstrate conformity as opposed
to the interim conformity tests (i.e., 2002 baseline test and/or action
versus baseline test). The budget test with an adequate or approved
MVEB budget is generally more protective of air quality and provides a
more relevant basis for conformity determinations than the interim
emissions test. (69 FR 40026).
It should also be noted that the Early Progress Plan is not a
required plan and does not substitute for required submissions such as
an attainment demonstration or rate-of-progress plan, if such plans
become required for the St. Louis 8-hour ozone area.

III. What is EPA's analysis of the request?

In August 2013, the State submitted to EPA an Early Progress Plan
for the purpose of establishing MVEBs for the St. Louis 8-hour ozone
area. The submittal utilizes a base year of 2008, and a projected year
of 2015 to establish NOX and VOC MVEBs. The planning
assumptions used to develop the MVEBs were discussed and agreed to by
the St. Louis interagency consultation group, East West Gateway (EWG),
which consists of the transportation and air quality partners in the
St. Louis 8-hour ozone nonattainment area. Tables 1 and 2 below show
the differences by source categories between the 2008 base year and
2015 forecast year. The NOX and VOC emissions in tons per
day (tpd) within the St. Louis nonattainment area are expected to
decrease significantly, 31 percent and 12 percent, respectively,
between 2008 and 2015. These emission trends demonstrate that progress
will be made towards attainment of the 2008 8-hour ozone NAAQS.

------------------------------------------------------------------------
2008 NOX 2015 NOX
Source (tpd) (tpd)
------------------------------------------------------------------------
Point................................... 88.84 86.32
Area.................................... 6.52 6.64
On-road................................. 161.25 76.70
Non-road................................ 65.18 53.72
-------------------------------
Total............................... 321.79 223.38
-------------------------------
Total Percent Reduction......... 31%
------------------------------------------------------------------------

------------------------------------------------------------------------
2008 VOC 2015 VOC
Source (tpd) (tpd)
------------------------------------------------------------------------
Point................................... 18.01 21.60
Area.................................... 99.47 111.73
On-road................................. 60.86 32.70
Non-road................................ 45.08 30.67
-------------------------------
Total............................... 223.42 196.70
-------------------------------
Total Percent Reduction......... 12%
------------------------------------------------------------------------

The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including Section 110 and implementing regulations.

IV. What are the MVEB's for the St. Louis 8-hour ozone area?

Through this rulemaking, EPA is approving the 2015 regional MVEBs
for NOX and VOC for the St. Louis 8-hour ozone area. EPA has
determined that the MVEBs contained in the Early Progress Plan SIP
revision are consistent with emission reductions from all sources
within the nonattainment area and are showing progress toward
attainment.

[[Page 1889]]

The 2015 MVEBs in tpd for VOCs and NOX for the St. Louis,
Missouri area are as follows:

------------------------------------------------------------------------
2015 NOX (tons 2015 VOC (tons
per day) per day)
------------------------------------------------------------------------
St. Louis Area MVEB................... 76.70 32.70
------------------------------------------------------------------------

EPA found these MVEBs adequate for transportation conformity
purposes in an earlier action (March 5, 2014, 79 FR 12504). As of March
19, 2014, the effective date of EPA's adequacy finding for these MVEBs,
conformity determinations in St. Louis must meet the budget test using
these 8-hour MVEBs, instead of the 1-hour ozone MVEBs. It should be
noted that the previous adequacy finding does not relate to the merits
of the SIP submittal, nor does it indicate whether the submittal meets
the requirements for approval. This EPA rulemaking action takes formal
action on the Early Progress Plan SIP revision.

V. What action is EPA taking?

EPA is taking direct final action to approve this SIP revision. We
are publishing this rule without a prior proposed rule because we view
this as a noncontroversial action and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of this Federal Register, we
are publishing a separate document that will serve as the proposed rule
to approve this SIP revision, if adverse comments are received on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document. If EPA receives adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in any subsequent final rule based on the
proposed rule.

Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 14, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: December 23, 2015.
Mark Hague,
Regional Administrator, Region 7.

For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

[[Page 1890]]

Subpart AA--Missouri

0
2. Section 52.1320(e) is amended by adding new entry (68) at the end of
the table to read as follows:

Sec. 52.1320 Identification of plan.

* * * * *
(e) * * *

Epa-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
(68) Missouri Early Progress Plan St. Louis.......... 8/26/13 1/14/16 [Insert [EPA-R07-OAR-2015-0
Federal Register 587; FRL-9941-01-
citation]. Region 7].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-00428 Filed 1-13-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1887

reference, Ozone, Reporting and PART 52—APPROVAL AND Provisions and Quasi-Regulatory
recordkeeping requirements, Volatile PROMULGATION OF Measures’’ is amended by adding an
Organic Compounds. IMPLEMENTATION PLANS entry for ‘‘Crittenden County Base Year
Dated: December 30, 2015. Emission Inventory for the 2008 Ozone
■ 1. The authority citation for part 52 Standard’’ to the end of the table.
Samuel Coleman, continues to read as follows:
Acting Regional Administrator, Region 6. The addition reads as follows:
Authority: 42 U.S.C. 7401 et seq.
§ 52.170 Identification of plan.
40 CFR part 52 is amended as follows: Subpart E—Arkansas
* * * * *
■ 2. In § 52.170(e), the third table titled (e) * * *
‘‘EPA-Approved Nonregulatory

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
State
Applicable geographic or submittal/
Name of SIP provision EPA approval date Explanation
nonattainment area effective
date

* * * * * * *
Crittenden County Base Year Emission Inventory Crittenden County .......... 8/28/2015 1/13/2016 [Insert Fed-
for the 2008 Ozone Standard. eral Register citation].

[FR Doc. 2016–00559 Filed 1–13–16; 8:45 am] submission and to formalize that the information about CBI or multimedia
BILLING CODE 6560–50–P MVEB is approved, and when submissions, and general guidance on
considered with the emissions from all making effective comments, please visit
sources, demonstrates progress toward http://www2.epa.gov/dockets/
ENVIRONMENTAL PROTECTION attainment from the 2008 base year commenting-epa-dockets.
AGENCY through a 2015 target year. EPA found FOR FURTHER INFORMATION CONTACT:
these MVEBs adequate for Steven Brown, Environmental
40 CFR Part 52 transportation conformity purposes in Protection Agency, Air Planning and
[EPA–R07–OAR–2015–0587; FRL 9941–01– an earlier action on March 5, 2014. Development Branch, 11201 Renner
Region 7] Boulevard, Lenexa, Kansas 66219 at
DATES: This direct final rule will be
effective March 14, 2016, without 913–551–7718 or by email at
Approval of Missouri’s Air Quality brown.steven@epa.gov.
Implementation Plans; Early Progress further notice, unless EPA receives
adverse comment by February 16, 2016. SUPPLEMENTARY INFORMATION:
Plan of the St. Louis Nonattainment
If EPA receives adverse comment, we Throughout this document ‘‘we,’’ ‘‘us,’’
Area for the 2008 Ozone National
Ambient Air Quality Standard will publish a timely withdrawal of the or ‘‘our’’ refer to EPA. This section
direct final rule in the Federal Register provides additional information by
AGENCY: Environmental Protection informing the public that the rule will addressing the following:
Agency (EPA). not take effect. I. What is the background for this action?
ACTION: Direct final rule. II. What are the criteria for early progress
ADDRESSES: Submit your comments,
plans?
SUMMARY: The Environmental Protection identified by Docket ID No. EPA–R07–
III. What is EPA’s analysis of the request?
Agency (EPA) is taking direct final OAR–2015–0587, to http:// IV. What are the MVEB’s for the St. Louis
action to approve revisions to the State www.regulations.gov. Follow the online 8-hour ozone area?
Implementation Plan (SIP) submitted by instructions for submitting comments. V. What action is EPA taking?
the State of Missouri consisting of the Once submitted, comments cannot be
edited or removed from Regulations.gov. I. What is the background for this
Early Progress Plan and motor vehicle
emissions budgets (MVEBs) for volatile EPA may publish any comment received action?
organic compounds (VOCs) and oxides to its public docket. Do not submit EPA’s final rule designating
of nitrogen (NOX) for the St. Louis electronically any information you nonattainment areas and associated
Nonattainment area under the 2008 consider to be Confidential Business classifications for the 2008 ozone
8-hour National Ambient Air Quality Information (CBI) or other information National Ambient Air Quality Standards
Standard (NAAQS). On August 26, whose disclosure is restricted by statute. (NAAQS) was published in the Federal
2013, EPA received from the Missouri Multimedia submissions (audio, video, Register on May 21, 2012 (77 FR 30088).
Department of Natural Resources etc.) must be accompanied by a written The St. Louis area was designated as
(MDNR) an Early Progress Plan for the comment. The written comment is marginal nonattainment. The St. Louis
St. Louis area showing progress toward considered the official comment and ozone area had previously been
attainment under the 2008 Ozone should include discussion of all points designated nonattainment for the 1-hour
mstockstill on DSK4VPTVN1PROD with RULES

NAAQS. This submittal was developed you wish to make. EPA will generally ozone standard and had 1-hour motor
to establish MVEBs for the St. Louis not consider comments or comment vehicle emissions budgets (MVEBs) for
8-hour ozone nonattainment area. This contents located outside of the primary NOX and VOC established in the St.
approval of the Early Progress Plan for submission (i.e. on the web, cloud, or Louis 1-hour maintenance plan SIP (66
the St. Louis 8-hour ozone other file sharing system). For FR 33996). The 1-hour MVEBs were the
nonattainment area fulfills EPA’s additional submission methods, the full only approved MVEBs for St. Louis and
requirement to act on the MDNR SIP EPA public comment policy, were based on EPA’s MOBILE6.2

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1888 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations

emissions model. Consequently, the but is consistent with projections and It should also be noted that the Early
transportation partners in St. Louis were commitments to control measures and Progress Plan is not a required plan and
required to use the 1-hour MVEB test to achieves some progress toward does not substitute for required
demonstrate transportation conformity attainment (August 15, 1997, 62 FR submissions such as an attainment
for the 8-hour ozone standard until new 43799). A SIP submitted earlier than demonstration or rate-of-progress plan,
MVEBs were approved or found otherwise required can demonstrate a if such plans become required for the St.
adequate, as required by the significant level of emissions reductions Louis 8-hour ozone area.
transportation conformity rule at 40 CFR from current level of emissions, instead
93.109(c)(2)(i). Missouri submitted this of a specific percentage required by the III. What is EPA’s analysis of the
plan to establish new 8 hour MVEBs Clean Air Act for moderate and above request?
developed with EPA’s current ozone areas.’’
MOVES2014 model. In August 2013, the State submitted to
EPA allows for the establishment of II. What are the criteria for early EPA an Early Progress Plan for the
MVEBs for the 8-hour ozone standard progress plans? purpose of establishing MVEBs for the
prior to a state submitting its first The Early Progress Plan must St. Louis 8-hour ozone area. The
required 8-hour ozone SIP that would demonstrate that the SIP revision submittal utilizes a base year of 2008,
include new MVEBs. Although containing the MVEBs, when and a projected year of 2015 to establish
voluntary, these ‘‘early’’ MVEBs must be considered with emissions from all NOX and VOC MVEBs. The planning
established through a plan, known as sources, and when projected from the assumptions used to develop the
the ‘‘Early Progress Plan,’’ that meets all base year to a future year, shows some MVEBs were discussed and agreed to by
the requirements of a SIP submittal. The progress toward attainment. EPA has the St. Louis interagency consultation
preamble of the July 1, 2004, final previously indicated that a 5 percent to group, East West Gateway (EWG), which
transportation conformity rule (see, 69 10 percent reduction in emissions from consists of the transportation and air
FR 40019) reads as follows: all sources could represent a significant
quality partners in the St. Louis 8-hour
‘‘The first 8-hour ozone SIP could be level of emissions reductions from
ozone nonattainment area. Tables 1 and
a control strategy SIP required by the current levels (69 FR 40019). This
allowance is provided so that areas have 2 below show the differences by source
Clean Air Act (e.g., rate-of-progress SIP
or attainment demonstration) or a an opportunity to use the budget test to categories between the 2008 base year
maintenance plan. However, 8-hour demonstrate conformity as opposed to and 2015 forecast year. The NOX and
ozone nonattainment areas are free to the interim conformity tests (i.e., 2002 VOC emissions in tons per day (tpd)
establish, through the SIP process, a baseline test and/or action versus within the St. Louis nonattainment area
motor vehicle emissions budget or baseline test). The budget test with an are expected to decrease significantly,
budgets that addresses the new NAAQS adequate or approved MVEB budget is 31 percent and 12 percent, respectively,
in advance of a complete SIP attainment generally more protective of air quality between 2008 and 2015. These emission
demonstration. That is, a state could and provides a more relevant basis for trends demonstrate that progress will be
submit a motor vehicle emission budget conformity determinations than the made towards attainment of the 2008
that does not demonstrate attainment interim emissions test. (69 FR 40026). 8-hour ozone NAAQS.

2008 NOX 2015 NOX
Source (tpd) (tpd)

Point ......................................................................................................................................................................... 88.84 86.32
Area ......................................................................................................................................................................... 6.52 6.64
On-road .................................................................................................................................................................... 161.25 76.70
Non-road .................................................................................................................................................................. 65.18 53.72

Total .................................................................................................................................................................. 321.79 223.38

Total Percent Reduction ............................................................................................................................ 31%

2008 VOC 2015 VOC
Source (tpd) (tpd)

Point ......................................................................................................................................................................... 18.01 21.60
Area ......................................................................................................................................................................... 99.47 111.73
On-road .................................................................................................................................................................... 60.86 32.70
Non-road .................................................................................................................................................................. 45.08 30.67

Total .................................................................................................................................................................. 223.42 196.70

Total Percent Reduction ............................................................................................................................ 12%

The state submission has met the of the CAA, including Section 110 and NOX and VOC for the St. Louis 8-hour
mstockstill on DSK4VPTVN1PROD with RULES

public notice requirements for SIP implementing regulations. ozone area. EPA has determined that the
submissions in accordance with 40 CFR MVEBs contained in the Early Progress
IV. What are the MVEB’s for the St.
51.102. The submission also satisfied Plan SIP revision are consistent with
Louis 8-hour ozone area?
the completeness criteria of 40 CFR part emission reductions from all sources
51, appendix V. In addition, the revision Through this rulemaking, EPA is within the nonattainment area and are
meets the substantive SIP requirements approving the 2015 regional MVEBs for showing progress toward attainment.

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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1889

The 2015 MVEBs in tpd for VOCs and NOX for the St. Louis, Missouri area are
as follows:

2015 NOX 2015 VOC
(tons per day) (tons per day)

St. Louis Area MVEB ............................................................................................................................................... 76.70 32.70

EPA found these MVEBs adequate for • Is not a significant regulatory action that before a rule may take effect, the
transportation conformity purposes in subject to review by the Office of agency promulgating the rule must
an earlier action (March 5, 2014, 79 FR Management and Budget under submit a rule report, which includes a
12504). As of March 19, 2014, the Executive Orders 12866 (58 FR 51735, copy of the rule, to each House of the
effective date of EPA’s adequacy finding October 4, 1993) and 13563 (76 FR 3821, Congress and to the Comptroller General
for these MVEBs, conformity January 21, 2011); of the United States. EPA will submit a
determinations in St. Louis must meet • Does not impose an information report containing this action and other
the budget test using these 8-hour collection burden under the provisions required information to the U.S. Senate,
MVEBs, instead of the 1-hour ozone of the Paperwork Reduction Act (44 the U.S. House of Representatives, and
MVEBs. It should be noted that the U.S.C. 3501 et seq.); the Comptroller General of the United
previous adequacy finding does not • Is certified as not having a States prior to publication of the rule in
relate to the merits of the SIP submittal, significant economic impact on a the Federal Register. A major rule
nor does it indicate whether the substantial number of small entities
cannot take effect until 60 days after it
submittal meets the requirements for under the Regulatory Flexibility Act (5
is published in the Federal Register.
approval. This EPA rulemaking action U.S.C. 601 et seq.);
• Does not contain any unfunded This action is not a ‘‘major rule’’ as
takes formal action on the Early Progress
Plan SIP revision. mandate or significantly or uniquely defined by 5 U.S.C. 804(2).
affect small governments, as described Under section 307(b)(1) of the CAA,
V. What action is EPA taking? petitions for judicial review of this
in the Unfunded Mandates Reform Act
EPA is taking direct final action to of 1995 (Pub. L. 104–4); action must be filed in the United States
approve this SIP revision. We are • Does not have Federalism Court of Appeals for the appropriate
publishing this rule without a prior implications as specified in Executive circuit by March 14, 2016. Filing a
proposed rule because we view this as Order 13132 (64 FR 43255, August 10, petition for reconsideration by the
a noncontroversial action and anticipate 1999); Administrator of this final rule does not
no adverse comment. However, in the • Is not an economically significant affect the finality of this action for the
‘‘Proposed Rules’’ section of this regulatory action based on health or purposes of judicial review nor does it
Federal Register, we are publishing a safety risks subject to Executive Order extend the time within which a petition
separate document that will serve as the 13045 (62 FR 19885, April 23, 1997); for judicial review may be filed, and
proposed rule to approve this SIP • Is not a significant regulatory action shall not postpone the effectiveness of
revision, if adverse comments are subject to Executive Order 13211 (66 FR such rule or action. This action may not
received on this direct final rule. We 28355, May 22, 2001); be challenged later in proceedings to
will not institute a second comment • Is not subject to requirements of enforce its requirements. (See section
period on this action. Any parties Section 12(d) of the National
307(b)(2).)
interested in commenting must do so at Technology Transfer and Advancement
this time. For further information about Act of 1995 (15 U.S.C. 272 note) because List of Subjects in 40 CFR Part 52
commenting on this rule, see the application of those requirements would
ADDRESSES section of this document. If be inconsistent with the Clean Air Act; Environmental protection, Air
EPA receives adverse comment, we will and pollution control, Carbon monoxide,
publish a timely withdrawal in the • Does not provide EPA with the Incorporation by reference,
Federal Register informing the public discretionary authority to address, as Intergovernmental relations, Lead,
that this direct final rule will not take appropriate, disproportionate human Nitrogen dioxide, Ozone, Particulate
effect. We will address all public health or environmental effects, using matter, Reporting and recordkeeping
comments in any subsequent final rule practicable and legally permissible requirements, Sulfur oxides, Volatile
based on the proposed rule. methods, under Executive Order 12898 organic compounds.
(59 FR 7629, February 16, 1994). Dated: December 23, 2015.
Statutory and Executive Order Reviews The SIP is not approved to apply on
Under the CAA, the Administrator is Mark Hague,
any Indian reservation land or in any
required to approve a SIP submission other area where EPA or an Indian tribe Regional Administrator, Region 7.
that complies with the provisions of the has demonstrated that a tribe has
For the reasons stated in the
Act and applicable Federal regulations. jurisdiction. In those areas of Indian
preamble, EPA amends 40 CFR part 52
42 U.S.C. 7410(k); 40 CFR 52.02(a). country, the rule does not have tribal
Thus, in reviewing SIP submissions, as set forth below:
implications and will not impose
EPA’s role is to approve state choices, substantial direct costs on tribal PART 52—APPROVAL AND
mstockstill on DSK4VPTVN1PROD with RULES

provided that they meet the criteria of governments or preempt tribal law as PROMULGATION OF
the CAA. Accordingly, this action specified by Executive Order 13175 (65 IMPLEMENTATION PLANS
merely approves state law as meeting FR 67249, November 9, 2000).
Federal requirements and does not The Congressional Review Act, 5
impose additional requirements beyond U.S.C. 801 et seq., as added by the Small ■ 1. The authority citation for part 52
those imposed by state law. For that Business Regulatory Enforcement continues to read as follows:
reason, this action: Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq.

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1890 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations

Subpart AA—Missouri § 52.1320 Identification of plan.
* * * * *
■ 2. Section 52.1320(e) is amended by
adding new entry (68) at the end of the (e) * * *
table to read as follows:

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP Applicable geographic or non- State submittal EPA approval date Explanation
provision attainment area date

* * * * * * *
(68) Missouri Early Progress St. Louis ................................. 8/26/13 1/14/16 [Insert Federal Reg- [EPA–R07–OAR–2015–0587;
Plan. ister citation]. FRL–9941–01–Region 7].

[FR Doc. 2016–00428 Filed 1–13–16; 8:45 am] paragraph (f) ‘‘The Kansas Department § 52.870 [Amended]
BILLING CODE 6560–50–P of Health and Environment submitted ■ 2. In § 52.870, paragraph(c) is
revisions to Kansas Administrative amended by removing the table entry
Record (KAR) 28–19–202 and 28–19– ‘‘K.A.R. 28–19–202.’’
ENVIRONMENTAL PROTECTION 517 on April 15, 2011; approval of
AGENCY section (c) effective March 28, 2014.’’ PART 70—STATE OPERATING PERMIT
This technical amendment removes PROGRAMS
40 CFR Parts 52 and 70
the erroneous part 52 approval of KAR ■ 3. The authority citation for part 70
[EPA–R07–OAR–2013–0765; FRL–9940–97– 28–19–202 ‘‘Annual Emissions Fees’’
Region 7] continues to read as follows:
and recodifies the table. This action also
Authority: 42 U.S.C. 7401 et seq.
Approval and Promulgation of revises paragraph (f) to read as follows:
Implementation Plans; State of (f) ‘‘The Kansas Department of Health ■ 4. Appendix A is amended by revising
Kansas; Annual Emissions Fee and and Environment submitted revisions to paragraph (f) under Kansas to read as
Annual Emissions Inventory Kansas Administrative Record (KAR) follows:
28–19–202 and 28–19–517 on April 15, Appendix A to Part 70—Approval
AGENCY: Environmental Protection 2011; effective March 28, 2014.’’ Status of State and Local Operating
Agency (EPA).
List of Subjects Permits Programs
ACTION: Direct final rule; technical
amendment. * * * * *
40 CFR Part 52
Kansas
SUMMARY: The Environmental Protection Environmental protection, Air
Agency (EPA) inadvertently approved * * * * *
pollution control, Carbon monoxide, (f) The Kansas Department of Health and
and codified this action under both part Incorporation by reference, Environment submitted revisions to Kansas
52 (Approval and Promulgation of Intergovernmental relations, Lead, Administrative Record (KAR) 28–19–202 and
Implementation Plans) and part 70 Nitrogen dioxide, Ozone, Particulate 28–19–517 on April 15, 2011; effective March
(State Operating Permit Programs). This matter, Reporting and recordkeeping 28, 2014.
technical amendment removes the part requirements, Sulfur oxides, Volatile * * * * *
52 approval and codification and makes organic compounds. [FR Doc. 2016–00573 Filed 1–13–16; 8:45 am]
a clarification to part 70. BILLING CODE 6560–50–P
DATES: This action is effective January 40 CFR Part 70
14, 2016. Administrative practice and
FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION
procedure, Air pollution control,
Lachala Kemp at (913) 551–7214, or by AGENCY
Intergovernmental relations, Operating
email at kemp.lachala@epa.gov. permits, Reporting and recordkeeping 40 CFR Part 180
SUPPLEMENTARY INFORMATION: On requirements.
January 27, 2014 (79 FR 4274), EPA [EPA–HQ–OPP–2015–0538; FRL–9939–53]
Dated: December 23, 2015.
published a direct final rule approving
Becky Weber, Aspergillus flavus AF36; Time Limited
a SIP revision for Kansas that included
Acting Regional Administrator, Region 7. Exemption From the Requirement of a
revisions to K.A.R. 28–19–202 ‘‘Annual
Tolerance
Emission Fees.’’ The rule revision
Chapter I, title 40 of the Code of
amended KAR 28–19–202 ‘‘Annual AGENCY: Environmental Protection
Federal Regulations is amended as
Emissions Fees’’ to align the state’s Agency (EPA).
reporting requirements with EPA’s follows:
ACTION: Final rule.
reporting requirements, and was PART 52—APPROVAL AND
mstockstill on DSK4VPTVN1PROD with RULES

incorrectly approved and codified under SUMMARY: This regulation establishes a
PROMULGATION OF
part 52 and part 70. time-limited exemption from the
IMPLEMENTATION PLANS
This rule also included revisions to Federal Food, Drug, and Cosmetic Act
the operating permits program, K.A.R (FFDCA) section 408(a) requirement of a
28–19–517 ‘‘Class I Operating Permits; ■ 1. The authority citation for part 52 tolerance for residues of the pesticide
Annual Emissions Inventory.’’ This part continues to read as follows: Aspergillus flavus AF36 in or on dried
70 appendix A revision added new Authority: 42 U.S.C. 7401 et seq. figs resulting from use in accordance

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Document Created: 2016-01-14 02:50:49
Document Modified: 2016-01-14 02:50:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This direct final rule will be effective March 14, 2016, without further notice, unless EPA receives adverse comment by February 16, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
Contact		Steven Brown, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7718 or by email at [email protected]
FR Citation		81 FR 1887
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds